NSWIn ForceAct
Mental Health Act 2007
69AProhibition on use of spit hoods
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#### 69A Prohibition on use of spit hoods
69A Prohibition on use of spit hoods
> > (1) An authorised medical officer, or another person, exercising functions under this Act must not use a spit hood in the exercise of the functions.
> >
> > Note—
> >
> > A contravention of this subsection may constitute an unauthorised or unreasonable use of force.
>
> > (2) Subsection (1)—
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> > > (a) applies despite any other provision of this Act or another Act or law, and
> >
> > > (b) does not limit section 69.
>
> > (3) In this section—
> >
> > spit hood—
> >
> > > (a) means a covering, however described, intended to be placed over a person’s head to prevent the person from spitting on, or biting, another person, but
> >
> > > (b) does not include a helmet designed to prevent self-harm, even if the helmet incorporates a part designed to stop spittle.
>
> **s 69A:** Ins 2024 No 5, Sch 5.